RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-01559 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His Selective Reenlistment Bonus (SRB) debt be stopped and removed from the time he was selected as a Military Training Leader (MTL). _________________________________________________________________ APPLICANT CONTENDS THAT: 1. He was notified in April 2010 that since he accepted a position as a MTL, the Air Force was going to collect his SRB. He was informed that if he thought this to be in error that he should submit a DD Form 149, Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552); therefore, he immediately submitted his request. However, he never heard back regarding his case and assumed that it had been settled. Over a year and a half passed and the base finance office is now telling him that they intend to start collecting the debt from his paycheck next month (Oct 11). 2. He found out that the Air Force Board for Correction of Military Records (AFBCMR) had sent him a letter; however, the letter went to a wrong address and because he did not respond, his case was administratively closed. After 16 months of thinking his case was settled, finance began the paperwork to recover the debt. Additionally, the Military Personnel Data System (MilPDS) reflected his Assignment Limitation Code as “O” at the time, which further led him to believe that his case was closed in his favor. The “O” has since been removed. When he contacted finance, their computer system did not show he ever received an SRB, again leading him to believe that his case was favorably closed and the debt had been removed. 3. Other MTL’s were provided an opportunity to either return to their original career field or repay the bonus; however, he was never given that offer. Had he been given that offer back in Apr 10, he may have accepted. Now that he has purchased a home and settled his family in Texas, that offer would cause him to lose tens of thousands of dollars and would cause an extreme amount of distress to him and his family. In support of his request, the applicant provides a copy of his 8B100 (MTL) Special Duty Application and e-mail communications. His complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant is currently serving on active duty in the grade of technical sergeant (E-6). On 22 Jun 10, SAF/MRBR sent a letter to the applicant, to the address on file, requesting his DD Form 149 be resubmitted with a signature. The applicant did not respond. The applicant reopened his case on 26 Sep 11 and provided an updated address. The remaining relevant facts pertaining to this application are contained in the letters prepared by the appropriate offices of the Air Force, which is at Exhibit B and C. _________________________________________________________________ AIR FORCE EVALUATION: DFAS-IN recommends denial. The applicant was notified of a debt through his Leave and Earning Statement (LES) dated May 2010. Prior to the change in his Military Occupational Skill (MOS), the applicant requested a change to his MTL Special Duty at which time it should have been explained that a change to a non bonus MOS would cause a recoupment. The complete DFAS-IN evaluation is at Exhibit B. AFPC/DPSOA recommends the Board direct DFAS not to collect the SRB payment for the 15 months the applicant worked in the critical career field. The applicant reenlisted on 28 Jan 09 for 4 years and 24 months with entitlement to a zone “B” multiple 1.5 SRB in the 2P051 career field. However, on 19 Oct 09, he volunteered and was accepted for a Special Duty Assignment which was effective 2 Apr 10. DPSOA notes that in Apr 10 the Air Staff changed its original policy in that failure to complete at least 50% of the SRB enlistment/extension before volunteering and being selected to work outside of the SRB skill would result in termination and recoupment of all unearned SRB money. Per AFI 26-2606, Reenlistment in the USAF, SRB termination and recoupment are mandatory when members, voluntarily, do not complete the term of enlistment, reenlistment, or extension; SRB termination requires recoupment of the unserved part. DPSOA states had they received his application back in Apr 10, they would have offered him the same opportunity they offered other members in similar situations; the option to return to his SRB career field and continue to receive the SRB minus the time out of the SRB career field. The complete DPSOA evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 22 Dec 11 for review and comment within 30 days. As of this date, this office has received no response. _________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was timely filed. 3. Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice warranting a measure of relief. In this regard, the applicant states he was not afforded the same opportunity as others in his same situation; which was to return to his SRB career field and keep the SRB. However, the applicant has indicated it is not advantageous for him to return to his SRB career field. AFPC/DPSOA states that had they received his request back during the same time frame as the other members similarly situated, they would have offered him the same opportunity which was to return to his SRB career field and continue to receive the SRB minus the time out of the SRB career field. AFPC/DPSOA has recommended the applicant be partially relieved of the debt for the 15 months he worked in the SRB career field. We believe that the suggested corrective action offered is a fair and equitable resolution. Therefore, we recommend that the records be corrected as indicated below. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that competent authority approved the remission of the $5007.81 portion of the debt established from the selective reenlistment bonus he earned and received in conjunction with his 28 January 2009 reenlistment. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2010-01559 in Executive Session on 24 May 12, under the provisions of AFI 36-2603: All members voted to correct the records, as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 12 Sep 11, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, DFAS-IN, undated. Exhibit D. Letter, AFPC/DPSOA, dated 12 Dec 12 [sic]. Exhibit E. Letter, SAF/MRBR, dated 22 Dec 11.